REDCAR AND CLEVELAND BOROUGH COUNCIL
PLANNING COMMITTEE (DEVELOPMENT MANAGEMENT)
COMMITTEE DATE: 04/02/2010
LIST: D
APPLICATION NO: R/2009/0762/CA
Application for: / CHANGE OF USE OF PART OF GROUND FLOOR TO HOT FOOD TAKE AWAY (CLASS A5) INCLUDING EXTRACT FLUE AT REAR, OUTSIDE SEATING AREA AND BLIND/CANOPIES AT FRONT (RETROSPECTIVE, RESUBMISSION).At: / SEAVIEW RESTAURANT, FORESHORE BUILDING, LOWER PROMENADE, SALTBURN.
PROPOSAL
The application site is located within the Foreshore Building, Lower Promenade, Saltburn. The Seaview Restaurant occupies the eastern-most unit within the two-storey building, facing the Pier car park and opposite the main slipway to the beach. The site is located within the Saltburn Conservation Area.
The surrounding area is characterised by similar foreshore uses within a variety of seafront buildings. A kite shop and personal gym occupies the unit immediately to the west, and works are underway to open a café and ice cream parlour in the western-most unit. The Saltburn surf store, pier and cliff lift are located further to the west. The pier, cliff lift and the changing huts to the east of the site are listed buildings.
The Foreshore Building was built in 2003 by the then Saltburn Improvement Company. It was intended as a mixed-use building comprising a restaurant, shops and a toilet/changing area on the ground floor, with community rooms and part of the restaurant above. The unit has suffered from a range of maintenance problems since it was built and as such, has never been fully occupied. The whole building is now owned and operated by the council and falls under the responsibility of the Resorts Manager.
The current proposal is retrospective, the majority of works being carried out over the last 2 years, and involves the retention of the existing take away use at the site (together with the retained restaurant element which is authorised), the retention of the existing extract flue at the rear and existing retractable canopy blinds at the front, together with a designated outside seating area and wooden planter boxes, to act as a demarcation barrier between the seating and the promenade. It is also proposed to erect a new bin storage area to the east of the existing take away, the original bin storage area having been converted to a ‘prep’ room’ by the current applicant.
DEVELOPMENT PLAN
Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications for planning permission be determined in accordance with the development plan unless material considerations indicate otherwise.
Redcar and Cleveland Local Development Framework 2007:
Policy CS1 Securing a Better Quality of Life
Policy CS2 Locational Strategy
Policy CS20 Promoting Good Design
Policy DP1 Development Limits
Policy DP2 Location of Development
Policy DP3 Sustainable Design
Policy DP9 Conservation Areas
Policy DP10 Listed Buildings
Local Plan
Policy SH7 Hot food take away uses
OTHER POLICY DOCUMENTS
Planning Policy Statement 1 (PPS1) - Delivering Sustainable Development.
RELEVANT HISTORY
The Foreshore Building was granted planning permission in 2000 under planning application R/2000/0855. In 2003, planning permission was granted at the current application site for the erection of external seating (R/2003/0589), however, a condition requiring the submission of details of a suitable barrier to contain the seating was attached, but never discharged. Whilst the seating (and planter box barriers) were erected at the site, this was unauthorised since the required details were never approved. This permission has now lapsed. In 2007, planning permission was granted to alter the shopfront at the application site, but has not been implemented (R/2007/0405). More recently in 2009, planning permission has been granted for the retention of a gymnasium within the ‘Charlie Don’t Surf’ retail unit (R/2009/0311) and for the change of use of the western-most unit from a retail shop to an ice cream parlour (R/2009/0318) which includes some external seating. Also in 2009, the current applicant submitted a planning application to retain the unauthorised takeaway unit at the application site (R/2009/0428) but this was withdrawn in order that details of external seating, the canopies blinds and fume extraction system could be included.
OTHER CONSIDERATIONS:
Neighbour Consultation
Letters were sent to surrounding local business on 17th November 2009. A site notice was also erected at the site and a press notice placed in the Evening Gazette. The consultation period ended on 17th December 2009.
Eight responses have been received from interested parties, objecting to the proposal on the following grounds:
· The use of the site as a takeaway has led to problems of litter. The proposal is a good addition to the sea front, but litter disposal appears inadequate. The takeaway sells goods in paper cups, tubs and plastic boxes. The communal bin cupboard has been removed by the applicant and converted to a prep room. The site currently has a serious vermin infestation with rats, which is being driven by the exterior seating and the litter this generates. Bins are inadequate and the takeaway is not made accountable for the masses of litter it creates.
· The external seating area is not required. The site already has internal seating and an upper balcony area catering for up to 75 customers.
· The external seating would be an obstruction and a hazard to pedestrians. To date, the seating does not appear to have been managed successfully.
· The planters were erected at the site in 2006/2007, during which time they were the subject of vandalism and were able to be pushed over as they are of a hollow construction. Vermin were attracted to living in them.
· The materials proposed are not in keeping with the resort and will not be robust enough to cope with a north sea coast environment.
· The plans show the planters and seating extending out from the boundary wall of the adjoining shop (Charlie Don’t Surf). This will act as a wind trap and collect litter and sand on the shop premises.
· The planters extend over the only disabled access point to the upstairs of the building, and will make disabled access unnecessarily difficult and potentially block safe fire exit.
· The plans do not show how many tables there will be or where they will be stored when not in use. The corridor of the building has and is being used to store these chairs when not in use, despite assurances to keep fire exits clear. Logistically there is simply no room for the chairs.
· The sun blinds were installed without permission in 2006 and are the wrong colour for the building, are set too low for safety when extended. The building faces north, so there is no need to protect people from the sun.
· The fume extraction system is inadequate and has led to issues of exhaust odours infiltrating the building.
· Saltburn has had something of a facelift in recent years but the issues of the takeaway are letting the area down which does not give a good impression of the town.
The applicant has provided the following written response to the above:
Litter and untidiness.
Waste management have confirmed that the business is the only business in the area that in the last 5 years has ever contributed bins to help with litter problems. This year the restaurant provided 2 bins to be placed on the foreshore because of the woefully inadequate litter capacity. The litter problem was caused by one of the objectors (Saltburn Foreshore Association) to this application, in partnership with the council.
The seating being a hazard to pedestrians and unnecessary.
Seating behind planters would not cause a hazard to pedestrians. Promenade seating allows disabled persons and family’s with push chairs to enjoy outside dining without the inconvenience of taking lifts or tackling stairs. This style of seating is a common facility on any promenade.
Planters subject to vandalism.
Vandalism will be dealt with seriously and referred to the police. All buildings and structures on the promenade collect sand. The planters were in place for a year before being removed and sand was not an issue. Unlike many others, the planters were cleaned and maintained on a regular basis.
Obstruction of disabled access.
There is no obstruction for disabled users and never will be. Could the objectors provide proof of this matter? I have been very clear that there will be more than adequate access for wheelchairs or any other usage.
Lack of adequate fume extraction system.
The frying range is manufactured by the worlds leading manufacturers in this field. It conforms to all regulations and standards required for the operation. The range is serviced per recommendation and a cleaning schedule allows the range to operate efficiently and without problems.
Alleged vermin problem.
This is an issue known by the Council well before my arrival on the foreshore. I have taken out the relevant pest control contracts to inspect my premises regularly and give advice on how to tackle and eliminate the issues.
Other Responses.
Highways and Transportation: No objections. The site is not adopted highway and does not prevent the free flow of pedestrian and vehicular movements.
Environmental Health Officer: Whilst the site was investigated for an alleged odour problem, it has not been established that a statutory nuisance has occurred. It is considered the existing fume extraction system is satisfactory in this case. Any issues with fumes within the building should be addressed directly between the landlord and tenant.
Health and Safety / Food: No response received.
Valuation and Resort Manager: The planters should not extend over the disabled access door and hinder access to / from the building. The planters should also be entirely within the applicants agreed demise, contained within his lease.
Saltburn, Marske and New Marske Parish Council: Approved.
REASONED ARGUMENT:
Principle of Land Use
The application site is located outside the Limits to Development set out within Policy DP1 of the Local Development Framework and is not within a designated shopping frontage. Nonetheless, the Foreshore Building was built as a mixed use building including shops and a café. Over recent years various café and food uses have become established in the foreshore area and the resort has seen something of a resurgence in its leisure/tourist offer. The takeaway use at the current application site has been in operation for over a year and appears to have become a popular addition on the lower promenade. As such, subject to the matters discussed below, there is no objection to the retention of the takeaway use in principle.
Saved Policy SH7 of the Local Plan remains the relevant policy to refer to when considering proposals for hot food takeaway uses. Policy SH7 states that in assessing all such proposals, account will be taken of the character and amenity of the area, the proximity of residential property, opening hours, the means of venting the premises and highways safety.
Design, appearance, character and visual amenity
The current takeaway operator has made various unauthorised alterations to the application site premises over the years. Most noticeably, black-coloured retractable canopy blinds have been added to the front façade, an extract duct erected at the rear, the bin store area has been converted and external seating has been added. The site is within the Saltburn Conservation Area and close to several listed buildings, however, on the whole it is considered that the canopies, extract duct and seating do not detract from the character and appearance of the conservation area or near by listed buildings, and are generally acceptable. In respect of the bin store the applicant has been advised that sufficient bin storage is required within the site, and has proposed a new enclosed bin store. In terms of appearance, it is considered the proposed wooden planters would not detract from the building or area. The issue of general customer litter has been raised by several objectors, however, it is considered that this issue is not so much a question of the land use but one of effective litter management at the site. The proposal is therefore considered to comply with policies DP3, DP9 and DP20 of the adopted development plan.
Residential amenity
The closest residential property is located approximately 100m to the south east on Saltburn Bank. Given the existing uses at this prime leisure area it is considered that the retention of the takeaway would have no adverse impact upon residential amenity.
Comments have been made regarding the matter of fumes from the takeaway entering the foreshore building. However, whilst there may well be an issue of fumes affecting the building, no residential uses are affected and there is insufficient reason to refuse the retention of the use in this respect. Public Protection have examined the submitted details regarding the flue extract system and are satisfied with the proposal to the extent that there is not or would not be a statutory nuisance caused. As such, it is considered that the flue details are acceptable. If there is an issue of fumes within the building this is matter between the applicant and the landlord of the building.
Highways, access and parking
The site is adequately served by the Pier public car park and other public car parks around the site. The site itself (ie. the Lower Promenade) is not classified as adopted highway at this point, but is classified as public highway and is maintained at public expense. The Highways manager has inspected the plans and is satisfied there would be no harm to the free flow of pedestrians or vehicles on the promenade. The proposal, and in particular the external seating area and planter boxes, are considered to be acceptable in this respect.